NEW MEXICO Public Regulation Commission Motor Transportation Rules

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1 NEW MEXICO Public Regulation Commission Motor Transportation Rules Commissioners Jason A. Marks District 1 Patrick H. Lyons District 2 Jerome D. Block District 3 Theresa Becenti-Aguilar District 4 Ben L. Hall District 5 Revised 4/29/2011

2 TABLE OF CONTENTS MOTOR CARRIER RULES NMAC General Provisions NMAC Operating Authorities NMAC Financial Responsibility NMAC Safety Requirements NMAC [Reserved] NMAC Tariffs NMAC Reports, Records, and Accounts NMAC Changes in Certificates and Permits NMAC Leasing of Equipment NMAC Parental Responsibility NMAC Household Goods Carriers NMAC Towing Services NMAC Registration of Interstate Carriers NMAC Ambulance Services NMAC Fuel Surcharge For Commission Rate-Regulated Motor Carriers 76

3 TITLE 18 CHAPTER 3 PART 1 TRANSPORTATION AND HIGHWAYS MOTOR CARRIER GENERAL PROVISIONS GENERAL PROVISIONS ISSUING AGENCY: New Mexico Public Regulation Commission. [ NMAC - N, ] SCOPE: This rule applies to all motor carriers subject to the jurisdiction of the commission. [ NMAC - Rp, SCC Rules and , ] STATUTORY AUTHORITY: NMSA 1978 Sections and 65-2A-4. [ NMAC - Rp, SCC Rule , ; A, ] DURATION: Permanent. [ NMAC - N, ] EFFECTIVE DATE: December 30, 2002, unless a later date is cited at the end of a section. [ NMAC - Rp, SCC Rule , ] OBJECTIVE: The purpose of this rule is to set forth general provisions governing motor carriers in New Mexico. [ NMAC - Rp, SCC Rule , ; A, ] DEFINITIONS: In addition to the definitions in NMSA 1978 Sections 24-10B-3, 65-2A-3, and , as used in these rules: A. ambulance services means the scheduled or unscheduled compensated transportation over irregular routes of passengers in ambulances; B. bingo bus service means the scheduled or unscheduled compensated transportation of passengers in motor vehicles over regular or irregular routes to and from legal gambling establishments at rates that apply to each individual passenger; C. cadaver means a dead human body; D. charter service means the compensated transportation of a group of persons in a motor vehicle who, pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle and driver, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin; E. director means the director of the transportation division of the New Mexico public regulation commission or his designee; F. endorsement means the document evidencing the amendment of a certificate or permit; G. facilities includes lands, buildings, and improvements to real property owned, leased, or used in the operations of a motor carrier; H. FMCSA means the federal motor carrier safety administration or any predecessor or successor agency; I. hazardous matter has the meanings given in 49 CFR Section for the terms hazardous material, hazardous substance, and hazardous waste; J. household goods carrier (HGC) means a person who transports household goods; K. inspection means the examination by the commission, the motor transportation division, or other lawful entity of a motor carrier's operations, including the facilities and equipment used in connection with its operations, and all pertinent records; L. limousine service means the unscheduled compensated transportation over irregular routes of passengers in a chauffeur-driven luxury motor vehicle at the exclusive use of one individual or group at a fixed charge for the motor vehicle and chauffeur for a period of time that is not less than thirty (30) minutes by prearrangement and not by soliciting on the streets; M. MTD means the motor transportation division of the New Mexico department of public 1

4 safety; N. non-emergency medical transport service means the unscheduled medically necessary transportation of passengers in a motor vehicle over irregular routes, to or from medical facilities only, at rates that apply to each individual passenger; O. on duty time has the meaning given in 49 CFR Part 395.2; P. principal place of business means the mailing address of the motor carrier and the street address and other physical locations of a motor carrier's business office and stationing points; Q. public liability insurance means automobile bodily injury and property damage liability insurance; R. repossession service means the compensated transportation of a motor vehicle lawfully seized without consent from the owner or operator; S. shared ride service means the unscheduled compensated transportation of passengers to or from bus, train, or airport terminals over irregular routes in motor vehicles with a seating capacity of nine (9) or more persons at rates for each individual passenger that are generated from a grid-based zone rate structure; T. shuttle service means the scheduled compensated transportation of passengers in motor vehicles over regular routes at rates that apply to each individual passenger; U. these rules means the rules codified in Title 18, Chapter 3 of the New Mexico Administrative Code; V. tour and sightseeing service means the scheduled or unscheduled guided compensated transportation of passengers over regular or irregular routes in motor vehicles to scenic points or other points of interest at rates that apply to each individual passenger; W. transfer of control means a change in control of a motor carrier as control is defined in Paragraphs (1) through (5) of Subsection N of NMSA 1978 Section 65-2A-3; X. volunteer driver means a person who drives for an ambulance or commuter service without remuneration; the provision of or reimbursement for training, equipment, uniforms, and supplies necessary to the performance of driving duties are incidental and do not constitute remuneration for purposes of these rules. [ NMAC - Rp, SCC Rules & , ; A, ] COMPLIANCE WITH THE LAW: A. A motor carrier must comply with these rules and all applicable state and federal laws and regulations. All operating authorities issued by the commission are subject to these rules as fully as if these rules were set forth verbatim in each operating authority. B. In an emergency, a motor carrier may vary from a specific requirement of these rules when authorized by a law enforcement officer or public safety official. [ NMAC - Rp, SCC Rule , ] COMPLIANCE WITH TERMS OF OPERATING AUTHORITY AND TARIFFS: A. A motor carrier must comply with the terms and conditions of its operating authority. B. A motor carrier of persons or household goods, and towing services performing nonconsensual tows, must comply with the terms and conditions of its tariffs approved by the commission. C. If there is a conflict between the terms and conditions of an operating authority and the terms and conditions of an approved tariff, the operating authority will govern the specific conflict. D. If there is a conflict between these rules and the terms and conditions of a tariff or operating authority approved by the commission, these rules will govern the specific conflict. [ NMAC - Rp, SCC Rule , ] WAIVER OF OR VARIANCE FROM RULE REQUIREMENTS: A. The commission may, in its discretion, waive or vary any requirement of these rules whenever the commission finds that such waiver or variance would be in the public interest. B. A motor carrier that cannot meet one or more of the requirements of these rules may petition the commission for a waiver or variance. The petition shall be in writing and shall include: (1) a list of those requirements which the motor carrier wishes to have waived or varied; (2) an explanation and description of the specific conditions which prevent the requirement from being met; and, (3) a statement of steps already taken and to be taken, with projected time limits for each step, in 2

5 attempting to meet the requirements. C. The commission may order a hearing on the merits of the petition. D. A motor carrier shall be required to comply with requirements it has petitioned to have waived or varied until the commission has issued an order on the merits of the petition, unless the commission or its designee grants an interim waiver of or variance from one of more of the requirements that are the subject of the petition. E. No waiver or variance of any requirement of these rules granted by the commission is transferable. [ NMAC - Rp, SCC Rules and , ] FILING OF DOCUMENTS OTHER THAN APPLICATIONS: In addition to the requirements stated here, particular rules may include other filing requirements. A. Address for filing documents. (1) Documents filed by mail must be sent to the New Mexico Public Regulation Commission, Docket Filing Unit, Transportation Division, P.O. Box 1269, Santa Fe, New Mexico (2) Documents filed in person must be delivered to the docket filing unit of the New Mexico public regulation commission, P.E.R.A. Building, Room 406, Paseo de Peralta and Old Santa Fe Trail, Santa Fe, New Mexico. B. Filing by facsimile or electronic mail. Persons may call the New Mexico public regulation commission docket filing unit at (505) to obtain the facsimile number or electronic mail address for filing documents. Persons filing documents by facsimile or electronic mail must also mail or deliver the original document to the commission. The document will be deemed filed on the date of receipt of the facsimile, the electronic mail, or the original, whichever occurs first. The commission will accept facsimile and electronic mail filings of: (1) appointments of a substitute agent for service of process; (2) change of address reports; (3) reports of fatal accidents; (4) complaints; and (5) other documents the commission or its designee in its discretion permits. [ NMAC - Rp, SCC Rule , ; A, ] INCOMPLETE FILINGS: A. A filing will be considered incomplete if: (1) it is unsigned; (2) it is unverified and verification is required; (3) it omits any information required by law or commission rule or order; (4) it is not submitted on a director-prescribed form and a form exists for that purpose; (5) the required fee is not submitted with the filing; (6) the commission determines the filing is otherwise insufficient. B. The director shall return an incomplete filing with a statement indicating the nature of the insufficiency. [ NMAC - Rp, SCC Rule , ] DIRECTOR-PRESCRIBED FORMS: A. Use required. The director has prescribed forms to carry out certain requirements of these rules. The most current version of a commission form must be used when a form exists for that purpose, unless these rules state otherwise or the commission waives this requirement. Where the commission has not prescribed a form, the motor carrier shall file the information and documents required by these rules in the order in which they are listed in these rules. B. How to obtain. Copies of director-prescribed forms may be obtained from the director: (1) by writing to the New Mexico public regulation commission, transportation division, P.O. Box 1269, Santa Fe, New Mexico ; (2) by calling the New Mexico public regulation commission, transportation division at ; 3

6 (3) on the commission's website at C. Photocopies permitted. The commission will accept filings made on photocopies of director-prescribed forms, provided they are legible. [ NMAC - Rp, SCC Rule , ] INSPECTION: A. General authority. NMSA 1978 Section 65-2A-4 authorizes the commission to inspect a motor carrier's operations. The commission shall provide a written inspection report to a motor carrier within thirty (30) days following a routine inspection containing feedback to the motor carrier and outlining necessary corrective or follow-up actions a motor carrier shall make. B. Inspection of cargo under seal. NMSA 1978 Section authorizes MTD enforcement employees to inspect cargo. (1) If an MTD enforcement employee breaks a seal to inspect cargo, the MTD enforcement employee shall: (a) reseal the load with a seal furnished by MTD; and (b) give the driver a written acknowledgement, on a form prescribed by MTD, that the MTD enforcement employee broke the seal. (2) No MTD enforcement employee shall break a U.S. government seal. [ NMAC - Rp, SCC Rules and , ; A, ] INVESTIGATIONS: A. The commission or the director may initiate an investigation if an inspection reveals, or the commission or the director otherwise becomes aware of, facts indicating a possible violation of these rules. Upon completion of the investigation, the commission or the director may initiate any further appropriate action. B. The commission may issue to any person it designates as an inspector or investigator credentials evidencing the person's authority and bearing the person's photograph. [ NMAC - Rp, SCC Rules and , ] TRANSPORTATION OF HAZARDOUS MATTER: All motor carriers transporting hazardous matter in New Mexico shall comply with NMAC, Motor Carrier Safety, promulgated by MTD. [ NMAC - Rp, SCC Rules and , ] DECEPTIVE ADVERTISING PROHIBITED: A. No motor carrier of persons or household goods, or towing service performing nonconsensual tows, shall make in any manner, orally or in writing, via any medium of advertisement or communication, a statement concerning any aspect of, or payment for, intrastate compensated transportation performed by the motor carrier that is false or misleading in part or in whole. A statement shall be deemed false or misleading if it omits any qualification imposed by these rules. B. A motor carrier of persons or household goods, or towing service performing nonconsensual tows, shall be answerable for violations of this section by unauthorized persons or firms within the control of the motor carrier of persons or household goods, or towing service performing nonconsensual tows. C. A motor carrier of persons or household goods, or towing service performing nonconsensual tows, shall advertise and solicit in the legal or "doing business as" name shown on its operating authority, but may advertise the name of an officially registered agent so long as the name of the motor carrier of persons or household goods, or towing service performing nonconsensual tows, is prominently displayed along with the agent's name. [ NMAC - Rp, SCC Rule , ] RULES OF PROCEDURE: In all matters before the commission involving motor carriers, the commission shall follow NMAC, Transportation Division Procedures, and the Rules of Procedure of the New Mexico Public Regulation Commission. A specific provision in these rules shall control over a conflicting general provision in NMAC, Transportation Division Procedures, or the Rules of Procedure. [ NMAC - Rp, SCC Rule , ] 4

7 REFERENCES TO OTHER DOCUMENTS: Whenever a rule, tariff, or other document issued or approved by the commission relating to motor carriers refers to a federal or state statute, rule, regulation, tariff, or other document, the reference, unless specifically stated to the contrary, is continuous and intended to refer to the most current version of the document. [ NMAC - N, ] HISTORY OF NMAC Pre-NMAC history: The material in this rule was previously filed with the State Records Center as: SCC 68-16, N.M. Motor Carrier Act, Rules and Regulations, effective Sept. 1, 1967, filed on ; SCC 71-6, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1971, filed on ; SCC 73-1, N.M. Motor Carrier Act, Rules and Regulations, on ; SCC 74-1, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1973, filed on ; SCC 75-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1975, filed on ; SCC 75-3, N.M. Motor Carrier Act, Rules and Regulations (Rev.), effective Jan. 1, 1975, filed on ; SCC 76-1, N.M. Motor Carrier Act, Rules and Regulations, effective April 1, 1976, filed on ; SCC 77-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1977, filed on ; SCCMC Rule No. 1, Rules of Procedure Governing Motor Carriers, filed on ; SCCMC Rule No. 28, Complaints, filed on ; SCCMC Rule No. 29, Inspector Authority, filed on ; SCC Rule 201, Prefatory Rules, filed on ; SCC Rule 202, Definitions, filed on ; SCC Rule 203, Commission Forms, filed on ; SCC Rule 206, Commission Procedures, filed on ; SCC Rule 207, Emergency Rule Governing Motor Carriers of Property, filed on SCC Rule 231, General Compliance Requirements; SCC Rule 261, Motor Carriers of Property-General Provisions, filed on ; SCC Rule 271, Enforcement-General Provisions, filed on ; SCC Rule 272, Inspections; SCC Rule 273, Administrative Enforcement Proceedings, filed on History of repealed material. SCC Rule 201, Prefatory Rules, filed on ; SCC Rule 202, Definitions, filed on ; SCC Rule 203, commission Forms, filed on ; SCC Rule 206, Commission Procedures, filed on ; SCC Rule 231, General Compliance Requirements; SCC Rule 261, Motor Carriers of Property-General Provisions, filed on ; SCC Rule 271, Enforcement-General Provisions, filed on ; SCC Rule 272, Inspections; SCC Rule 273, Administrative Enforcement Proceedings, filed on

8 TITLE 18 CHAPTER 3 PART 2 TRANSPORTATION AND HIGHWAYS MOTOR CARRIER GENERAL PROVISIONS OPERATING AUTHORITIES ISSUING AGENCY: New Mexico Public Regulation Commission. [ NMAC - Rp, NMAC, ] SCOPE: This rule applies to all persons operating as a motor carrier in New Mexico who are subject to the jurisdiction of the commission. [ NMAC - Rp, NMAC, ] STATUTORY AUTHORITY: NMSA 1978 Sections and 65-2A-4. [ NMAC - Rp, NMAC, ] DURATION: Permanent. [ NMAC - Rp, NMAC, ] EFFECTIVE DATE: January 1, 2005, unless a later date is cited at the end of a section. [ NMAC - Rp, NMAC, ] OBJECTIVE: The purpose of this rule is to implement NMSA 1978 Sections 65-2A-5 through 65-2A-13. [ NMAC - Rp, NMAC, ] DEFINITIONS: See NMAC. [ NMAC - Rp, NMAC, ] OPERATING AUTHORITY REQUIRED: No person shall provide any of the following compensated transportation services in New Mexico without having first obtained from the commission the operating authority required for the particular type of service to be rendered. The director shall determine which type of operating authority is appropriate based on the attributes of the type of service the applicant proposes to provide. The commission may at any time determine whether an operating authority is appropriate for the type of service a motor carrier is providing. A. A warrant is required for: (1) charter services; (2) towing services; (3) repossession services using towing equipment; (4) commuter services; or (5) transportation of property, except that a person licensed pursuant to the Thanatopractice Act, NMSA 1978 Section et seq. is not required to obtain a warrant for the transportation of cadavers. B. A single trip ticket is required when a motor vehicle regularly used to convey children to and from school or school activities is used for a trip sponsored by a charitable organization. C. A certificate or permit is required for: (1) taxicab services; (2) limousine services; (3) terminal shuttle services; (4) shared-ride services; (5) tour and sightseeing services; (6) bingo bus services; (7) non-emergency medical transportation services; (8) shuttle services; (9) ambulance services; or (10) transportation of household goods. 6

9 [ NMAC - Rp, NMAC, ] LIMITATIONS ON PASSENGER SERVICES: A. Bingo bus services. A bingo bus service: (1) may not provide charter service, commuter service, limousine service, non-emergency medical transport service, shared ride service, shuttle service, tour and sightseeing service, taxicab service, or terminal shuttle service; (2) may use chauffeur-driven luxury motor vehicles to provide bingo bus service. B. Charter services. A charter service: (1) may not hold itself out as a bingo bus service, commuter service, limousine service, nonemergency medical transport service, shared ride service, shuttle service, tour and sightseeing service, taxicab service, or terminal shuttle service; (2) may not provide bingo bus service, commuter service, limousine service, non-emergency medical transport service, shared ride service, shuttle service, tour and sightseeing service, taxicab service, or terminal shuttle service; (3) may not use the terms bingo bus service, commuter service, limousine service, nonemergency medical transport service, shared ride service, shuttle service, tour and sightseeing service, taxicab service, or terminal shuttle service in its business name, markings on motor vehicles, or advertising; (4) may only provide round-trip transportation of passengers; (5) may not charge rates that apply to each individual passenger; (6) may not use chauffeur-driven luxury motor vehicles to provide charter services, except when providing charter service pursuant to contracts with government agencies; (7) may not solicit business on the streets; (8) shall enter into a single prearranged written contract for charter services; such contract shall not be arranged, accepted, entered into or paid for with or through the driver of the motor vehicle; (9) may only provide charter service to a group of persons (two or more). C. Commuter service. A commuter service: (1) may not provide bingo bus service, charter service, limousine service, non-emergency medical transport service, shared ride service, shuttle service, tour and sightseeing service, taxicab service, or terminal shuttle service; (2) may not use chauffeur-driven luxury motor vehicles to provide commuter service. D. Limousine service. A limousine service: (1) may not provide bingo bus service, charter service, commuter service, non-emergency medical transport service, shared ride service, shuttle service, tour and sightseeing service, taxicab service, or terminal shuttle service; (2) may not charge rates that apply to each individual passenger; (3) may not solicit business on the streets; (4) shall enter into a contract for limousine service in advance of providing the service; such contract shall not be arranged, accepted, or entered into with or through the driver of the motor vehicle. E. Non-emergency medical transport service. A non-emergency medical transport service may not provide bingo bus service, charter service, commuter service, limousine service, non-emergency medical transport service, shared ride service, shuttle service, tour and sightseeing service, taxicab service, or terminal shuttle service. F. Shared-ride service. A shared ride service: (1) may not provide bingo bus service, charter service, commuter service, limousine service, non-emergency medical transport service, shuttle service, tour and sightseeing service, taxicab service, or terminal shuttle service; (2) may solicit business on the streets or may prearrange to provide service; (3) may not use chauffeur-driven luxury motor vehicles to provide shared ride service. G. Shuttle service. A shuttle service: (1) may not provide bingo bus service, charter service, commuter service, limousine service, non-emergency medical transport service, shared ride service, tour and sightseeing service, taxicab service, or terminal shuttle service; (2) may solicit business at scheduled stops on its regular route or may prearrange to provide 7

10 service; (3) may use chauffeur-driven luxury motor vehicles to provide shuttle service; (4) may not deviate from its regular route. H. Taxicab service. A taxicab service: (1) may not provide bingo bus service, charter service, commuter service, limousine service, non-emergency medical transport service, shared ride service, shuttle service, tour and sightseeing service, or terminal shuttle service; (2) shall charge rates based on one charge for the first person and an additional small fixed charge for each additional person; (3) shall grant exclusive direction to the first person engaging the taxicab service; (4) may provide one-way transportation of passengers; (5) may solicit business on the streets or may prearrange to provide service; (6) may not use chauffeur-driven luxury motor vehicles to provide taxicab service. I. Terminal shuttle service. A terminal shuttle service: (1) may not provide bingo bus service, charter service, commuter service, limousine service, non-emergency medical transport service, shared ride service, shuttle service, tour and sightseeing service, taxicab service, or terminal shuttle service; (2) shall charge rates that apply to each individual passenger; (3) may use chauffeur-driven luxury motor vehicles to provide terminal shuttle service. J. Tour and sightseeing service. A tour and sightseeing service: (1) may not provide bingo bus service, charter service, commuter service, limousine service, non-emergency medical transport service, shared ride, shuttle service, taxicab service, or terminal shuttle service; (2) may use chauffeur-driven luxury motor vehicles to provide tour and sightseeing service. [ NMAC - N, ] FILING OF APPLICATIONS: A. By mail. Applications filed by mail must be sent to the New Mexico Public Regulation Commission, Transportation Division, Applications Bureau, P.O. Box 1269, Santa Fe, New Mexico B. In person. Applications filed in person must be delivered to the applications bureau of the transportation division of the New Mexico public regulation commission, Room 409, P.E.R.A. Building, corner of Paseo de Peralta and Old Santa Fe Trail, Santa Fe, New Mexico. C. By facsimile. Persons wishing to file an application for pre-filing review by facsimile may call the New Mexico public regulation commission, transportation division, applications bureau at (505) to obtain the facsimile number. [ NMAC - N, ] CONTENTS OF APPLICATIONS FOR A WARRANT: An applicant for a warrant shall file with the commission an application containing the following information and documents: A. the applicant's name; B. the applicant's d/b/a name, if applicable; C. the applicant's principal place of business; D. the applicant's business telephone number; E. the applicant s electronic mail address, if applicable; F. the applicant's tax identification number obtained from the New Mexico taxation and revenue department, or the applicant's social security number; G. if the applicant is a corporation, evidence that the applicant is authorized by the corporations bureau of the commission to do business in New Mexico and that it is in good corporate standing in New Mexico; H. if the applicant is other than a corporation, a description of the form of ownership, the names and addresses of all principal owners and managers, and the date the business entity was created; I. if the applicant is a commuter service, a description of the area to be served; J. if the applicant is a towing service providing non-consensual tows, a proposed tariff meeting 8

11 the requirements of NMAC, Tariffs; K. an appointment of an agent for service of process; L. a list of all equipment to be used by the applicant, including all equipment leases filed with and approved by the commission in accordance with these rules; M. for each piece of equipment, an annual inspection form completed by a qualified inspector within the preceding twelve (12) months that shows that each motor vehicle proposed to be operated by the applicant meets the safety requirements of the federal motor carrier safety regulations; N. a list of drivers and drivers license information for each driver including state of issuance, license number, and class of license; O. the applicant's written statement certifying that all drivers meet the driver qualifications of NMAC, Safety Requirements, and that the applicant will maintain driver qualification files on each driver; P. the applicant's U.S. DOT safety rating, if it has one; Q. proof of public liability insurance in accordance with NMAC, Financial Responsibility, and the insurance filing fee; R. a copy of either a certificate of workers' compensation insurance or a certificate of exemption from the workers' compensation administration; (commuter services shall not be required to file a certificate for volunteer drivers but shall file the appropriate certificate for drivers who are employees.) S. the applicant's written statement certifying that it has developed a drug and alcohol testing program that will meet the requirements of 49 CFR Parts 40 and 382; or, if the applicant is a commuter van pool, a certification that it has a program providing for an initial drug test for anyone seeking to be a commuter service driver; T. a copy of the applicant's written preventive maintenance program for its motor vehicles as required by NMAC; U. a contact person and telephone number for the commission to call in the event of a complaint. V. the notarized oath of the applicant attesting that all statements in the application are true and correct; and W. the application fee required by NMSA 1978 Section 65-2A-36. [ NMAC - Rp, NMAC, ] CONTENTS OF APPLICATIONS FOR A SINGLE TRIP TICKET: An applicant for a single trip ticket shall file with the commission an application containing the following information and documents: A. the applicant's name, address, and telephone number; B. the applicant s electronic mail address, if applicable; C. the time, purpose, origin, and destination of the trip; D. the name, address, purpose, and status of the charitable organization sponsoring the trip, and the name and telephone number of a contact person for the charitable organization; E. affidavits stating that no certificated or permitted common or contract motor carrier service is available for the trip described in the application; F. proof that the motor vehicle to be used for the trip meets the safety requirements prescribed by the Motor Carrier Act and the commission's rules; G. the applicant's tax identification number obtained from the New Mexico taxation and revenue department, or the applicant's social security number; H. an annual vehicle inspection conducted by a qualified inspector within the preceding twelve (12) months that shows that the motor vehicle proposed to be used for the trip meets the safety requirements of the federal motor carrier safety regulations; I. the name and driver's license information for the driver including state of issuance, license number, and class of license; J. the applicant's written statement certifying that the driver meets the driver qualifications of NMAC, Safety Requirements, and that the applicant maintains a driver qualification files on the driver; K. the applicant's U.S. DOT safety rating, if it has one; L. proof of public liability insurance in accordance with NMAC, Financial Responsibility; 9

12 M. a contact person and telephone number for the commission to call in the event of a complaint; N. the notarized oath of the applicant attesting that all statements in the application are true and correct; and O. the application fee required by NMSA 1978 Section 65-2A-36. [ NMAC - Rp, NMAC, ] REVIEW OF APPLICATIONS FOR WARRANTS AND SINGLE TRIP TICKETS: A. Filing requirements. (1) Application required. Applications for a warrant or single trip ticket must be typed or completed in ink on forms prescribed by the director. (2) Number of copies. (a) Warrants. Applicants for a warrant must file an original application form and every required document as provided in Subsection A or B of NMAC. If the applicant wishes to have a file stamped copy of the complete application returned to it, it must submit an additional copy of the application form and each document. (b) Single trip tickets. Applicants for a single trip ticket shall file an original and one (1) copy of the application form and every required document. (3) Filing fee. Applicants shall submit the appropriate application fee with the application in the form of a check or money order made payable to the New Mexico public regulation commission. B. Review by the director. Within seven (7) days of receipt of an application, the director will review the application to determine whether it is complete. C. Incomplete applications. (1) If the application is incomplete, the director will, within three (3) days of determining the application is incomplete, return the application to the applicant along with an initial letter outlining the deficiencies in the application. The applicant will have twenty (20) days from the date of the initial letter to cure the deficiencies and return the completed application to the applications bureau. To expedite the process, the director may contact the applicant by telephone, electronic mail, or facsimile to obtain the missing information or documents. (2) If the applicant returns the application to the commission but the application is still deficient, the director will, within ten (10) days, return the application to the applicant along with a second letter outlining the deficiencies in the application. The applicant will have twenty (20) days from the date of the second letter to cure the deficiencies and return the completed application to the applications bureau. (3) If the returned application cures the deficiencies, the director will certify the application as complete pursuant to Subsection C of this section. (4) If the applicant fails to return the application to the commission within sixty (60) days from the date the application was filed, or the director determines the application is still incomplete, the application shall be deemed abandoned, the file will be closed, and all fees paid will be forfeited to the state. The director will send a letter notifying the applicant that the application has been deemed abandoned, the file has been closed, and all fees paid have been forfeited to the state. D. Complete applications. If the application contains all of the information and documents required by or NMAC, and is in compliance with all other statutory requirements and these rules, the director shall certify in writing that the application satisfies the sixty (60) day completeness requirement of Subsection E of NMSA 1978 Section 65-2A-36 and shall approve the application for the warrant or single trip ticket. E. Docketing. (1) Warrants. Upon receipt of a complete application, all required documents, and the filing fee, the applications bureau shall issue a docket number and file the application with the docket filing unit of the commission. (2) Single trip tickets. No docket number will be issued for single trip tickets. F. Issuance of warrant or single trip ticket. (1) The director will issue a warrant or single trip ticket within five (5) business days after the date the director approves the application. Issuance of the warrant closes the docket. (2) The director will issue a warrant or single trip ticket in the name of the person owning the motor carrier, if the motor carrier is a sole proprietorship; in the name of the partners, if the motor carrier is a partnership; in the name of the limited liability company if the motor carrier is a limited liability company; and 10

13 in the name of the corporation, if the motor carrier is a corporation. No warrant or single trip ticket will be issued only in a "doing business as" name. [ NMAC - Rp, NMAC, ] TERMS AND CONDITIONS OF WARRANTS OR SINGLE TRIP TICKETS: A. Proof of operating authority. A copy of the warrant or single trip ticket shall be carried in each motor vehicle operated by the motor carrier or commuter service. B. Term. A warrant shall remain in force until suspended or revoked by the commission or until surrendered by the person holding it. A single trip ticket shall be valid only for the duration of the trip. C. Changes prohibited. A warrant or single trip ticket may not be leased, transferred, assigned or voluntarily suspended. [ NMAC - Rp, NMAC, ] CONTENTS OF APPLICATIONS FOR AN ORIGINAL CERTIFICATE OR PERMIT: A. For all certificates and permits. An applicant for a certificate or permit shall file with the commission an application containing the following information and documents: (1) the applicant's name; (2) the applicant's d/b/a name, if applicable; (3) the applicant's mailing address; (4) the applicant's electronic mail address, if applicable; (5) the applicant's tax identification number obtained from the New Mexico taxation and revenue department, or the applicant's social security number; (6) if the applicant is a corporation: (a) evidence that the applicant is authorized by the corporations bureau of the commission to do business in New Mexico and that it is in good corporate standing in New Mexico; and (b) the names and addresses of any shareholders who own ten percent or more of the voting stock of the corporation; (7) if the applicant is other than a corporation, a description of the form of ownership, the names and addresses of all principal owners and managers, the percentage of ownership interest of each, and the date the business entity was created; (8) appointment of an agent for service of process; (9) an income statement for the latest fiscal year if available; (10) a current balance sheet; (11) affidavits or other evidence upon which the applicant intends to rely to show that the proposed service is or will be required by the public convenience and necessity; (12) affidavits or other evidence upon which the applicant intends to rely to show that the applicant is fit, willing and able; (13) a statement of the type of service the applicant intends to operate and a description of the territory it proposes to serve; (14) the application fee required by NMSA 1978 Section 65-2A-36; (15) a proposed tariff meeting the requirements of NMAC, Tariffs; (16) a proposed general schedule if the applicant will provide scheduled service; and (17) the notarized oath of the applicant attesting that all statements in the application are true and correct. B. Additional requirements for permits. An applicant for a permit shall also file with the commission: (1) a copy of each contract under which the applicant intends to operate; and (2) a statement indicating: (a) the effect that denying the permit would have on the applicant and its customers; and (b) the changing character of the requirements of those customers. C. Additional requirements for ambulance services. An applicant for a certificate or a permit as an ambulance service shall also: (1) submit an operations plan in accordance with NMAC; and 11

14 (2) identify fixed stationing points for all ambulances used within a service s territory or patient catchment area. [ NMAC - Rp, NMAC, ] REVIEW OF APPLICATIONS FOR CERTIFICATES OR PERMITS: A. Pre-filing review. An applicant shall present a single copy of its proposed application for a certificate or permit to the director for pre-filing review. Within seven (7) days of receipt of such application, the director will review the application to determine if it is complete. B. Complete applications. If the application contains all of the information and documents required by the section specified below for each particular type of application, and is in compliance with all other statutory requirements and these rules, the director shall certify in writing that the application satisfies the sixty (60) day completeness requirement of Subsection E of NMSA 1978 Section 65-2A-36 and notify the applicant that the application is complete. The director s determination of completeness shall not constitute approval of the application. Upon receipt of notice that the application is complete, the applicant shall file its application in accordance with Subsection D of this section. (1) For an original certificate or permit, NMAC; (2) For a change in a tariff, NMAC; (3) For amendment of a certificate or permit, NMAC; (4) For lease of a certificate or permit, NMAC; (5) For voluntary transfer of a certificate or permit, NMAC; (6) For transfer by operation of law of a certificate or permit, NMAC; (7) For reinstatement of a certificate or permit following involuntary suspension, NMAC; (8) For a change in the form of ownership of a certificate or permit, NMAC; (9) For transfer of control of a motor carrier, NMAC; (10) For cancellation of a certificate or permit, NMAC; (11) For voluntary suspension of a certificate or permit, NMAC; (12) For reinstatement of a certificate or permit following voluntary suspension, NMAC; (13) For leasing equipment, Subsection A of NMAC. C. Incomplete applications. (1) If the application is incomplete, the director will, within three (3) days of determining the application is incomplete, return the application to the applicant along with an initial letter outlining the deficiencies in the application. The applicant will have twenty (20) days from the date of the initial letter to cure the deficiencies and return the completed application to the applications bureau. To expedite the process, the director may contact the applicant by telephone, electronic mail, or facsimile to obtain the missing information or documents. (2) If the applicant returns the application to the commission but the application is still deficient, the director will, within ten (10) days, return the application to the applicant along with a second letter outlining the deficiencies in the application. The applicant will have twenty (20) days from the date of the second letter to cure the deficiencies and return the completed application to the applications bureau. (3) If the returned application cures the deficiencies, the director will certify the application as complete pursuant to Subsection B of this section. (4) If the applicant fails to return the application to the commission within sixty (60) days from the date the application was pre-filed, or the director determines the application is still incomplete, the application shall be deemed abandoned. The director will send a letter notifying the applicant that the application has been deemed abandoned and the file has been closed. D. Filing requirements. (1) Application required. Applications must be typed or completed in ink on forms prescribed by the director. (2) Number of copies. Applicants must file an original and three (3) copies of the application form and every required document as provided in Subsection A or B of NMAC. If the applicant wishes to have a file-stamped copy of the complete application returned to it, it must submit an additional copy of each application form and document. (3) Filing fee. Applicants shall submit the appropriate application fee with the application in the 12

15 form of a check or money order made payable to the New Mexico public regulation commission. E. Docketing. The applications bureau shall issue a docket number upon receipt of the complete application, all required documents, and the filing fee and shall file the application with the docket filing unit of the commission. F. Procedure. The commission shall review complete applications for a certificate or permit in accordance with through NMAC. [ NMAC - Rp, NMAC, ] NOTICE: A. The director shall prepare a notice of application within five (5) business days of the date the director certifies that an application is complete. If the application is accompanied by an application for temporary authority, the notice shall so state and shall indicate whether the application for temporary authority is pending or has been granted. B. An applicant shall, at its own expense, publish the notice of application and, if applicable, grant of temporary authority once in a newspaper of general circulation in the area to be served within five (5) business days of receipt of the notice prepared by the director. C. An applicant shall request from the director a list of all motor carriers holding the kind of operating authority the applicant has or is seeking and all other interested parties. An applicant shall mail a copy of the notice of application and, if applicable, grant of temporary authority to all persons on the list within five (5) business days of receipt of the notice prepared by the director. Mailing of such notice by first class U.S. mail to the last known business address of a motor carrier shall constitute service under this rule. D. An applicant shall file an affidavit of publication and a certificate of mailing with the docket filing unit. Instead of the affidavit of publication, an applicant may file the page from the newspaper showing the notice of application and, if applicable, grant of temporary authority, the name of the newspaper, and the date of its publication. The commission will not act on an application, except to dismiss it for good cause, until it has received the affidavit of publication or newspaper page and the certificate of mailing. E. There shall be a minimum twenty (20) calendar day notice period before the commission may act on an application; the notice period shall start on the later of the date of publication of the notice in a newspaper of general circulation or three (3) days after the date notice was mailed to the persons on the list supplied by the director. [ NMAC - Rp, NMAC, ] CONTESTED APPLICATIONS: A. If the director requests a hearing, or a member of the public or industry files a motion to intervene in an application for operating authority or a grant of temporary authority at any time during the notice period, the commission shall appoint a hearing examiner. The motion to intervene shall state the movant s interest in the proceeding, specifically allege that the applicant for operating authority or grantee of temporary authority does not meet one or more of the criteria for issuance of the operating authority or temporary authority, and describe in sufficient detail the facts known to the movant supporting the allegation. B. The hearing examiner shall, within ten (10) days of appointment, issue a notice of hearing setting a hearing to be held within sixty (60) days from the date of appointment. The hearing examiner may for good cause extend the time within which a hearing must be held. C. If the commission or hearing examiner denies all motions to intervene or all intervenors withdraw at any time, and staff and the commission or hearing examiner do not object, the commission or hearing examiner shall recommend to the commission that the application be reassigned to staff and processed as an uncontested application. D. The applicant has the burden of proof and shall present testimony and evidence justifying: issuance of an original certificate or permit and the justness and reasonableness of the accompanying proposed tariff; approval of the proposed change in tariff; approval of the proposed amendment, lease, transfer, or reinstatement following involuntary suspension of an existing certificate or permit; or approval of a proposed equipment lease; as appropriate. Contesting parties shall be allowed an opportunity to present evidence regarding the application. The hearing examiner may require pre-filed testimony. E. The hearing examiner shall issue a recommended decision within forty-five (45) days of receipt of the transcript of hearing, or completion of the briefing schedule, whichever is later. The hearing examiner may for good cause extend the time within which a recommended decision must be issued. 13

16 [ NMAC - Rp, NMAC, ] UNCONTESTED APPLICATIONS: If the director does not request a hearing, and no person files a motion to intervene in the application during the notice period, and the director finds that the applicant has met the statutory requirements specified below for each particular type of application, the director shall prepare, within five (5) business days of the end of the notice period, a proposed order conditionally approving the application: A. for an original certificate as a motor carrier of persons, NMSA 1978 Section 65-2A-8; B. for an original certificate as a motor carrier of household goods, NMSA 1978 Section 65-2A- 9; C. for an original permit, NMSA 1978 Section 65-2A-10 D. for temporary authority, NMSA 1978 Section 65-2A-11; E. for reinstatement of a certificate or permit following involuntary suspension, NMSA 1978 Section 65-2A-27; F. for an original tariff or common tariff, NMSA 1978 Sections 65-2A-20 and 65-2A-21, and, if applicable, 65-2A-22 and 65-2A-23; G. for a change in a tariff or common tariff, transfer of control of a motor carrier, reinstatement of a certificate or permit following voluntary suspension, or for amendment, lease, transfer, cancellation, change in form of ownership, or voluntary suspension of a certificate or permit, NMSA 1978 Section 65-2A- 14; and H. for lease of equipment, NMSA 1978 Section 65-2A-24. [ NMAC - Rp, NMAC, ] CONDITIONAL APPROVAL OF A CERTIFICATE OR PERMIT: If the commission finds that the applicant for a certificate as a motor carrier of persons has met the statutory requirements in NMSA 1978 Section 65-2A-8, or that the applicant for a certificate as a motor carrier of household goods has met the statutory requirements in NMSA 1978 Section 65-2A-9, or that the applicant for a permit has met the statutory requirements in NMSA 1978 Section 65-2A-10, the commission shall issue an order conditionally approving the application. Then, unless the commission prescribes a different period, the applicant must, within ninety (90) days from the date of the order, comply with the qualifying provisions set forth in NMAC and with any other qualifying provisions, terms, conditions, or limitations set forth by the commission in its order. If the applicant fails to timely comply with all qualifying provisions, the commission may dismiss the case without prejudice and close the docket. [ NMAC - Rp, NMAC, ] QUALIFYING PROVISIONS: Upon conditional approval of its application, an applicant shall submit the following information and documents: A. the applicant's principal place of business; B. the applicant's business telephone number; C. a list of all equipment to be used by the applicant, including all equipment leases filed with and approved by the commission in accordance with these rules; D. for each piece of equipment, an annual inspection form completed by a qualified inspector within the preceding twelve (12) months that shows that each motor vehicle proposed to be operated by the applicant meets the safety requirements of the federal motor carrier safety regulations; E. a list of drivers and drivers license information for each driver including state of issuance, license number and class of license; F. the applicant's written statement certifying that all drivers meet the driver qualifications of the NMAC, Safety Requirements, and that the applicant will maintain driver qualification files on each driver; G. the applicant's U.S. DOT safety rating, if it has one; H. proof of public liability insurance in accordance with NMAC, Financial Responsibility, and the insurance filing fee; I. a copy of either a certificate of workers' compensation insurance or a certificate of exemption from the Workers' Compensation Administration; J. the applicant's written statement certifying that the motor carrier has developed a drug and 14

17 alcohol testing program that will meet the requirements of 49 CFR Section 382 and Part 40; K. a copy of the applicant's written preventive maintenance program for its motor vehicles as required by NMAC; L. a proposed specific schedule of service meeting the requirements of subsection A of NMAC if the applicant will provide scheduled service; and M. if the application is for transfer or cancellation of a certificate or permit, the original certificate or permit and all endorsements to it. [ NMAC - Rp, NMAC, ] ISSUANCE OF A CERTIFICATE OR PERMIT: A. Within five (5) business days after the date the director certifies that the applicant has complied with all qualifying provisions, the commission shall adopt the final order approving the application. The director will then sign and issue a certificate or permit. B. The commission will issue the certificate or permit in the name of the person owning the motor carrier, if the motor carrier is a sole proprietorship; in the name of the partners, if the motor carrier is a partnership; in the name of the limited liability company if the motor carrier is a limited liability company; and in the name of the corporation, if the motor carrier is a corporation. No certificate or permit will be issued only in a "doing business as" name. C. In addition to the requirements in Subsection D of NMSA 1978 Section 65-2A-8, a certificate or permit issued to an ambulance service shall specify: (1) the patient catchment area to be served, if different from the territory to be served; and (2) the level of EMS service to be provided. D. Certificates issued to ambulance services shall be valid for the time period prescribed in NMSA 1978 Section [ NMAC - Rp, and NMAC, ] TERMS AND CONDITIONS OF CERTIFICATES AND PERMITS: The requirements of this section are in addition to the requirements in the Motor Carrier Act, NMSA 1978 chapter 65, article 2A. A. Operation to begin within thirty days. A motor carrier must actually begin authorized operations within thirty (30) days from the date its certificate or permit was issued. Failure to begin operations within thirty (30) days shall create a presumption that the applicant has refused to render continuous and adequate service. B. Posting of operating authority. Every motor carrier of persons shall post, in a conspicuous place visible to the public, in each of its motor vehicles and at the motor carrier's principal place of business, a notice containing a statement in substantially the following form: "This motor carrier operates pursuant to NMPRC Operating Authority No., issued by the New Mexico Public Regulation Commission, and the tariff approved by the commission. If you have any questions or problems with the service provided by this company, you may contact the management at [insert phone number], and if the problem is not resolved, you may contact the New Mexico Public Regulation Commission, Transportation Division, P.O. Box 1269, Santa Fe, New Mexico , " [ NMAC - Rp, NMAC, ] REQUIREMENTS APPLICABLE TO ALL MOTOR CARRIERS OF PERSONS: A. Safe and adequate service, equipment, and facilities. All motor carriers of persons must provide safe and adequate service, equipment, and facilities for the provision of transportation services. B. Condition of vehicles. A motor carrier of persons shall use motor vehicles that are safe, dependable, and suitable for the service rendered. A motor carrier of persons shall maintain each motor vehicle in good mechanical and operating condition. No motor carrier of persons shall operate, or require or permit to be operated, a motor vehicle with any defect or deficiency capable of causing an accident or the mechanical breakdown of the motor vehicle. C Heating and ventilation system. A motor carrier of persons shall ensure that every motor vehicle it operates is equipped with a heating system capable of providing a reasonable level of comfort inside the motor vehicle, and shall have ventilation adequate to prevent the escape of engine fumes into the interior of the motor vehicle. D. Transportation of property limited. No motor carrier of persons may transport any 15

18 property, including parcel freight, cargo or baggage, in any quantity or manner that interferes with the comfort or safety of passengers. Any property carried within the passenger compartment must be secured to prevent the property from obscuring the vision of the driver or endangering the passengers. E. Use of highways. A motor carrier may use only those highways that are authorized by its operating authority but may deviate from its authorized routes where the condition of the highway or street necessitates a detour. F. Businesslike operations. All motor carriers of persons shall conduct their operations in a businesslike, ethical and courteous manner. [ NMAC - Rp, NMAC, ] REQUIREMENTS APPLICABLE TO ALL MOTOR CARRIERS OF PERSONS EXCEPT AMBULANCE SERVICES: A. Rates to be posted in vehicles. A motor carrier of persons shall post the rates for transportation services in the passenger compartment of the vehicle in a place and manner that is readily accessible and viewable by passengers. B. Seat belts. A motor carrier of persons shall ensure that each motor vehicle it uses that is capable of transporting fifteen or fewer persons is equipped with a separate seat belt assembly for each passenger. C. Child restraints. A motor carrier of persons except commuter services shall ensure that each motor vehicle it uses that is capable of transporting fifteen or fewer persons complies with all federal and state requirements regarding child restraint systems. D. Cleaning. A motor carrier of persons shall ensure that the interior and exterior of every motor vehicle it operates is cleaned routinely to keep the motor vehicle free of dirt and debris. E. Transportation of hazardous matter. No motor carrier of persons shall transport hazardous matter (including but not limited to explosives, acids, flammable liquids), loaded guns or other deadly weapons, or other dangerous articles of property. [ NMAC - N, ] REQUIREMENTS APPLICABLE TO ALL MOTOR CARRIERS OF PERSONS EXCEPT AMBULANCE, CHARTER, AND COMMUTER SERVICES: A. Stations. A motor carrier of persons shall ensure that any station it operates is of adequate size and contains those facilities reasonably needed by the traveling public. A motor carrier of persons shall ensure that its stations are maintained in a clean and sanitary condition, adequately lighted, heated and ventilated during hours of use, and contain adequate restroom facilities. A motor carrier of persons shall make reasonable efforts to keep the station area safe for the public. B. Routing of passengers. Unless expressly requested otherwise, a motor carrier of persons shall ticket all passengers over the shortest available route and for the earliest scheduled arrival. C. Rest stops. A motor carrier of persons shall require its drivers to announce all scheduled rest stops immediately before leaving any station and the location of the restroom facilities upon arriving at a rest stop. [ NMAC - Rp, NMAC, ] ADDITIONAL REQUIREMENTS FOR MOTOR CARRIERS OF PERSONS PROVIDING SCHEDULED SERVICE EXCEPT COMMUTER SERVICES: A. Posting of schedules. A motor carrier of persons shall post in a conspicuous place, readily available for public inspection, at each station or place where passengers are regularly received or discharged, at least one copy of its current schedule of arrivals and departures. B. Compliance with time schedules required. (1) A motor carrier of persons authorized to provide scheduled service must operate the service on each day as scheduled. (2) A motor carrier of persons shall comply with all time schedules throughout its routes. (3) A shuttle service picking up passengers at a transportation hub facility may delay its departure from the transportation hub facility when reserved passengers are delayed as a result of another carrier's late arrival or delayed baggage handling, provided that: (a) if the particular vehicle has no loaded passengers at the particular time and has no 16

19 other pickup points on its route, the shuttle service may delay its departure for any reasonable period of time for late arriving reserved passengers. (b) if the particular vehicle has other passengers loaded, but has no other pickup points on its route, the shuttle service may delay its departure up to fifteen (15) minutes past its scheduled departure time. C. Reserve equipment. Every motor carrier of persons must keep sufficient equipment on reserve to assure reasonable compliance with approved time schedules. D. Interruption of service. Each motor carrier of persons shall promptly report in writing to the commission any interruption in service which is likely to continue for more than twenty-four (24) hours, stating in detail the cause of the interruption and its expected duration. [ NMAC - Rp, NMAC, ] UNAUTHORIZED CARRYING OF PERSONS PROHIBITED: No motor carrier unauthorized to transport persons shall carry any person, including but not limited to hitchhikers, except onduty employees of the motor carrier, commission representatives on official business, or in an emergency. [ NMAC - Rp, NMAC, ] TEMPORARY AUTHORITY: A. Grant discretionary. Pursuant to NMSA 1978 Section 65-2A-11, the commission may, in its discretion, but is not required to, grant temporary authority to a person applying for a certificate or permit, amendment of a certificate or permit or for lease or transfer of all or part of a certificate if it finds that the applicant meets the requirements of NMSA 1978 Section 65-2A-11. An application for temporary authority shall be made on the form prescribed by the director. B. Original or amended authority. If the application for temporary authority is made in connection with an application for an original certificate or permit, or for amendment of a certificate or permit, the commission shall not grant temporary authority unless: (1) the director has certified that the application for permanent operating authority contains all of the information and documents required by NMAC; and (a) the applicant has shown that the public has an urgent and immediate need for the proposed transportation service by filing affidavits from one or more persons having need of the service; and either (i) stating that no other motor carrier is providing the transportation service in the territory the applicant seeks to serve; or (ii) stating that another motor carrier is providing such transportation service, but that such transportation service is inadequate in rates, routes, or service; or (b) if the application is for non-emergency medical transportation, the applicant may provide a valid New Mexico Human Services Department ( NMHSD ) Contract, or Letter of Commitment that meets all federal and state legal guidelines, in lieu of an affidavit. If the applicant is a subcontractor of a party in privity with NMHSD, then the applicant must submit both a copy of the actual contract of the party in privity with NMHSD, and either applicant s Contract, or Letter of Intent with the subcontracting party, in lieu of filing an affidavit; and, (2) the applicant submits the fee required by NMSA 1978 Section 65-2A-36. C. Transfer of authority. If the application for temporary authority is made in connection with an application for transfer of all or part of a certificate or permit, the commission shall not grant temporary authority to a transferee unless: (1) the director certifies that the application contains all of the information and documents required by NMAC; and (2) the transferor provides an affidavit that it is no longer fit, no longer willing, or no longer able to render continuous and adequate service; and (3) the applicant submits the fee required by NMSA 1978 Section 65-2A-36. D. Lease of authority. If the application for temporary authority is made in connection with an application for lease of all or part of a certificate or permit, the commission shall not grant temporary authority to a transferee unless: (1) the director certifies that the application contains all of the information and documents required by NMAC; and (2) the applicant submits the fee required by NMSA 1978 Section 65-2A-36. E. Director's certification. The director shall certify to the commission that the application 17

20 contains the required information and documents and that the required affidavits and fee have been filed, and shall make a recommendation to the commission as to whether or not it should grant the temporary authority. [ NMAC - Rp, NMAC, ] SUSPENSION OR REVOCATION OF OPERATING AUTHORITIES: A. For lapse in financial responsibility. Upon receipt of a Form K, the director shall issue a letter notifying a motor carrier that its operating authority has been indefinitely suspended as of the date of the letter, without further notice or a public hearing, until the commission receives a valid form E and, if applicable, a valid form H. The letter shall also state that suspension of the operating authority will not take effect if the commission receives a valid Form E and, if applicable, a valid Form H, before the motor carrier s financial responsibility coverage expires. B. For safety violation. Upon receipt of sufficient information that a motor carrier s operations endanger the public health or safety, the director shall present to the commission at its next meeting or at an emergency meeting the safety requirement of the Motor Carrier Act or the rules of the commission or MTD alleged to have been violated and all facts known to the director concerning the matter. If the commission is satisfied that the facts show that a motor carrier s operations endanger the public health and safety and merit immediate temporary suspension, the commission shall personally serve or mail by certified mail, return receipt requested, an order notifying a motor carrier that its operating authority is temporarily suspended. The order shall set the matter for an expedited hearing. The commission may authorize issuance of the order over the signature of a single commissioner. The motor carrier shall suspend operations immediately upon receipt of the commission s order. If the commission determines after the hearing that the motor carrier s operations prior to the suspension were not endangering the public health or safety, the commission shall vacate the suspension order and the motor carrier shall be allowed to resume operations without applying for reinstatement following involuntary suspension or paying any additional fees. The commission may impose lesser temporary restraints or conditions if it believes that the public health and safety will not be compromised. C. For failure to render reasonably continuous and adequate service. The commission may suspend or revoke a certificate or permit, after notice and a public hearing, for failure to render reasonably continuous and adequate service. The commission may find that a motor carrier operating under a certificate or permit that is not seasonal has failed to render reasonably continuous and adequate service when the motor carrier has not operated under the certificate or permit for sixty (60) days or more, and one or more of the following is true: (1) the motor carrier is unable to operate; or (2) the motor carrier has refused to accept business; or (3) the motor carrier has not actively, and in good faith, solicited business; or (4) the motor carrier has failed to obtain approval from the commission for voluntary suspension in accordance with NMAC, Changes in Certificates and Permits. [ NMAC - Rp, NMAC, ] CHANGES OF NAME: A. A motor carrier that changes its name shall file with the commission within ten (10) days after the change of name: (1) the form prescribed by the commission for filing changes of name; (2) the original certificate or permit; (3) the fee required by NMSA 1978 Section 65-2A-36; (4) new filings for Paragraphs (5), (6)(a) or (7), and (8) of Subsection A of NMAC, and (5) the applicable insurance filing forms in the new name and the insurance filing fee. B. If the applicant fails to comply with any of the requirements of subsection A of this section, the commission shall refuse to approve the change of name. C. If the director determines the filing is complete, the commission shall issue a new certificate or permit in the new name. [ NMAC - Rp, NMAC, ] HISTORY OF NMAC: Pre-NMAC History: The material in this rule was previously filed with the state records center as: 18

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